Email Termination for Tenants in Austria
Many tenants in Austria wonder whether an email termination is effective and which deadlines, proofs and formal requirements apply. This guide explains in plain language when an email can count as a legally valid termination, what steps tenants should take immediately and how to secure evidence. We cover the differences between fixed-term and immediate terminations, which information the message should contain and how Austrian courts evaluate evidence. At the end you will find a practical step-by-step guide, frequently asked questions and official sources to help you make informed decisions. The notes here are general and show concrete first steps such as checking deadlines, proving receipt and seeking advice.
When is an email termination valid?
Whether a termination by email is sufficient depends on contract, law and the circumstances. The Mietrechtsgesetz (MRG) and other provisions may in some cases require a written form; in some situations courts accept electronic declarations if receipt and authorship can be proven.[1]
A written termination is often required by law, but exceptions for email may be possible.
Formal requirements
In practice, you should pay attention to the following points:
- Name the deadline and document delivery (deadline)
- Formulate a clear termination intent and include contract details (notice)
- Keep a copy of the sent email and the sending log (document)
- Request and preserve any delivery or read receipts (receipt)
- If there are financial consequences, check rent and deposit records and collect proofs (rent)
Keep emails and sending confirmations organized in a single folder.
Step-by-step: What tenants should do
- Check the contractual notice period and note the last date by which the termination must reach the landlord.
- Draft a clear termination statement with your name, address, lease details and termination date.
- Send the email to the landlord's known address, request confirmation of receipt and save sending logs.
- Store sent messages, automatic delivery reports and timestamps as evidence.
- If the landlord disputes the termination, prepare documents and consider judicial steps.
Respond promptly to inquiries and observe all deadlines to protect your rights.
FAQ
- Is an email termination legally valid?
- Under certain conditions yes: if the parties accept the email as written form or if contract/law allows email; otherwise written form may be required.
- What evidence helps with an email termination?
- Sent email, sending logs, delivery or read receipts, screenshots and timestamps are important evidence.
How-To
- Check deadlines: Determine the contractual notice period and note the last receipt date.
- Write the termination: Include date, lease reference and a clear statement such as "I hereby terminate".
- Secure delivery: Use read receipts, send to multiple known landlord addresses and save logs.
- Respond: If the landlord objects, compile evidence and contact the competent district court or advisory services.
Help and Support
- RIS: Mietrechtsgesetz (MRG)
- Justice: Information on district courts
- JustizOnline: court forms and e-services
